The Federal Government's 10 Point Response to
Wik

1. Validation of acts/grants between 1 January 1994
and 23 December 1994

Legislative action will be taken to ensure that the validity of any acts or
grants made in relation to non-vacant Crown land in the
period between passage
of the Native Title Act and the Wik decision is put beyond
doubt.

2. Confirmation of extinguishment of native title on
'exclusive' tenures

States and Territories would be able to confirm that 'exclusive' tenures such
as freehold, residential, commercial and certain, agricultural
leases and public
works in existence on 1 January 1994 extinguish native title. Agricultural
leases would be covered to the extent
that it can reasonably be said that by
reason of the grant or the nature of the permitted use of the land, exclusive
possession must
have been intended.

3. Towns and cities and municipal services

Impediments to the provision of municipal services on land in which native
title may exist would be removed. The right to negotiate
would be removed in
relation to the acquisition of land for third parties in towns and cities,
although native title holders would
gain the same procedural and compensation
rights as other landholders.

4. Co-existence of native title on pastoral
leases

As provided in the Wik decision, native title rights over existing
pastoral leases and any agricultural leases not covered under 2 above would be
permanently
extinguished to the extent that those rights are inconsistent with
those of the pastoralist. All activities pursuant to, or incidental
to, 'primary
production' would be allowed on such leases, including farmstay tourism, even if
native title exists, provided the dominant
purpose of the activity is primary
production.

However, future government action such as the upgrading of perpetual or
'exclusive' leases or freehold would necessitate the acquisition
of native title
rights and the application of the regime described in 7 below.

5. Statutory access rights

Before a native title claim is determined, claimants would be able to access
the land for defined traditional purposes, provided the
claim meets a higher
registration test and they can demonstrate a current physical connection to the
land.

6. Future mining activity

For mining on vacant Crown land there would be a higher registration test
for claimants seeking the right to negotiate, no negotiations
on exploration,
and only one right to negotiate per project.

For mining on other 'non-exclusive' tenures such as current or former
pastoral leasehold land and national parks, the right to negotiate
would
continue to apply in a State or Territory, unless and until that State or
Territory provided a statutory regime acceptable
to the Commonwealth which
included pastoral rights [at least] equivalent to other parties with an interest
in the land (eg the holder
of the pastoral lease) and compensation which can
take account of the nature of co-existing native title rights.

7. Future governments and commercial
development

For compulsory acquisition of native title on vacant Crown land in towns and
cities, there would be no right to negotiate (see 3 above).
On vacant Crown land
outside towns and cities there would be a higher registration test to access the
right to negotiate, but the
right to negotiate would be removed in relation to
the acquisition of native title rights for third parties for the purpose of
conventional
government-type infrastructure.

For compulsory acquisition of native title rights on other 'non-exclusive'
tenures, such as current or former pastoral leasehold land
and national parks,
the right to negotiate would continue to apply in a State or Territory unless
and until that State or Territory
provided a statutory regime acceptable to the
Commonwealth, which included procedural rights [at least] equivalent to other
parties
with an interest in the land (eg the holder of the pastoral lease) and
compensation which can take account of the nature of co-existing
native title
rights.

Future actions for the management of any existing national park or forest
reserve would be allowed.

A regime to authorise expansion activities such as the taking of timber or
gravel on pastoral leases would be provided.

8. Water

The ability of governments to regulate and manage surface and subsurface
water and water and off-shore resources and the rights of
those with interests
under any such regulatory or management regime would be put beyond doubt.

9. Management of claims

In relation to new and existing native title claims, there would be a higher
registration test to access the right to negotiate, amendments
to speed up
handling of claims, and measures to encourage the States to manage claims within
their own systems.

A sunset clause within which new claims would have to be made would be
introduced.

10. Agreements

Measures would be introduced to encourage the negotiation of voluntary but
binding local and regional agreements as an alternative
to more formal native
title machinery.